Terms & Conditions
PITLOX ARTS USER LICENSE AGREEMENT
Welcome to Pitlox Arts. This Agreement governs your access and use of products, content and services offered by Pitlox Arts and its subsidiaries, such as game software and related updates, upgrades and features, and all online and mobile services, platforms, websites, and live events hosted by or associated with PA (collectively "PA Services"). This Agreement is between you and the Pitlox Arts-
BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT ANDS ________
TERMS & CONDITIONS
This document constitutes an agreement (the "Agreement") between you and the INDIA based company Pitlox Arts, Media Pvt. Ltd.,(the "Company," "we," "us," and "our") that governs the relationship between you and the Company with respect to your use of the Online Services. The Company provides access to the Online Services and any related services subject to your compliance with this Agreement. Thus, it is important that you carefully read and understand this Agreement.
The terms and conditions herein are in addition to and supplement the End User License Agreement at www.PitloxArts.com that governs the use of all software and services distributed by the Company. Please review the End User License Agreement carefully.
Description Of Online Services
Availability of PA Services and Updates
Content and Entitlements of PA services
Trademark And Copyright Information
Submissions
Code Of Conduct
Limited License By The Company
License To The Company
Making Purchases
Virtual Currency And Virtual Goods
Warranty Disclaimer
Void Where Prohibited
Your responsibility to the Company
Litigation Issues
TerminationRULES/REGULATIONS/SANCTIONS
Designated Agent Under the Copyright Act
Repeat Infringer Policy
Dispute Resolutions by Binding Arbitration
DESCRIPTION OF ONLINE SERVICES
Subject to full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the "Online Services"). Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Online Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, Licensor's Privacy Policy and/or Licensor's Terms of Service. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice.
PA Account(Pitlox Arts Account)
You need an PA Verified Account to access and use Services provided by PA, including to play online.
To create an PA Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use our Service for which you are registering and must be a resident of a country where use of Services is permitted.
You must be at least 13 years of age (or the minimum age of your country of residence) to create an PA Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using PA Services. PA recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your PA Account. Your PA Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your PA Account or a subscription to our Service at any time by contacting PA's Customer Service Department at Help@Pitloxarts.com .To complete your request, PA may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
Content and Entitlements of PA services
The PA Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from PA Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes PA Account personas, forum posts, profile content and other Content contributed by users to PA Services. All Content is either owned by PA or its licensors, or is licensed to PA and its licensors pursuant to Section 5 below.
Entitlements are rights that PA licenses to you to access or use the online or off-line elements of PA Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; and virtual points, coins, or currencies.
Availability of PA Services and Updates
We do not guarantee that any PA Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular PA Service, Content or Entitlements for any particular length of time. PA does not guarantee that PA Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, PA may update, change or modify an PA Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use PA Services.
PA may need to update, or reset certain parameters to balance game play and usage of PA Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
TRADEMARK AND COPYRIGHT INFORMATION
All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
SUBMISSIONS
The Company welcomes input from the gaming community. You hereby grant the Company an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use any submissions you submit to the Company of any nature whatsoever, whether through a posting on a Company website, email to the Company, mail, or any other means and without any obligation to account, credit, or make any payment to you for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Online Services.
You agree, by using the Online Services, that:
You will not Violate any law, rule or regulation.
You will not Interfere with or disrupt any PA Service or any server or network used to support or provide an PA Service, including any hacking or cracking into an PA Service.
You will not use any software or program that damages, interferes with or disrupts an PA Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
you will only use the Online Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use;
you will not use the Online Services in connection with an agreement with other individuals to wager any money or other thing of value;
you will not restrict or inhibit any other user from using or enjoying the Online Services (for example, by means of harassment, hacking, interfering, adversely affecting, or defacement);
you will not use the Online Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards; (5) you will not post, upload, or create any copyrighted material using the Online Services unless you own the copyright in and to such material;
you will not post, upload, or transmit any information or software that modifies or alters the Online Services in any way or that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights;
you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services;
you will not impersonate any other individual or entity in connection with your use of the Online Services,
you will not provide assistance, guidance, or instruction to any other individual or entity regarding any of the above. All determinations will be made by the Company in its sole discretion.
When we provide Online Services involving user-created content ("UGC"), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable, we encourage you to use associated report functions or contact us (Contact@PitloxArts.Com).We will remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any content is a manual process and might not occur immediately or at all. The Company is not responsible for any content posted, or actions taken, by any other User that impacts you or your use of the Online Services. We reserve the right to remove (or not) any UGC or content for any (or no) reason whatsoever. You remain solely responsible for your UGC, and you will accordingly be responsible and liable to the Company and its agents with respect to any claim based upon the transmission of your UGC. Posting of advertisements, chain letters, pyramid schemes, solicitations, the same note more than once or “spamming,” and the like, are inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms).
To the fullest extent allowed by applicable law, your use of the Online Services is at your own risk and the Company is not responsible for any loss, damage, or unsatisfactory performance related to the Online Services.
We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in certain circumstances set forth in our Privacy Policy. Please visit www.Pitlix Arts/privacy for more details.
LICENSE
The Company grants you a limited, non-sublicensable license to access and use the Online Services. The PA Services are licensed to you, not sold. PA grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the PA Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any PA Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by PA or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from PA Services, unless expressly authorized by PA or permitted by law. PA or its licensors own and reserve all other rights, including all right, title and interest in the PA Services and associated intellectual property rights. and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Online Services other than for their intended purpose; (vi) you may not reproduce, prepare derivative works from, distribute, frame, “mirror,” or display the Online Services, except as provided herein; and (vii) you must not violate the Code of Conduct set forth above.
Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Online Services will be consistent with this license, the EULA, and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You will be responsible and liable to the Company in respect of any liability that the Company suffers arising out of your use of Online Services not in accordance with this Agreement. To request permission for uses of the Online Services not included in the foregoing license, you may write to the Company at Support@gmail.com[sm1]
LICENSE TO THE COMPANY
By creating UGC, posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Online Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
Availability of PA Services and Updates
We do not guarantee that any PA Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular PA Service, Content or Entitlements for any particular length of time. PA does not guarantee that PA Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, PA may update, change or modify an PA Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use PA Services.
PA may need to update, or reset certain parameters to balance game play and usage of PA Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
USER GENERATED CONTENT POLICY
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
PA may, in its sole discretion, remove, edit or disable UGC for any reason, including if PA reasonably determines that UGC violates this Agreement. PA does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. PA does not pre-screen all UGC and does not endorse or approve any UGC available on PA Services.
When you contribute UGC, you grant to PA, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion of it, in any manner or form and in any medium or forum, whether now known or later devised, without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on an PA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant PA Service without further notice, attribution or compensation to you.
Monitoring and Anti-Cheat Measures
PA utilizes technologies to detect and prevent cheating in the use of PA Services, and in particular, PA Games. These technologies may be developed by PA or a third party.
When you launch an online-capable game, these technologies may activate using kernel, admin or user privileges, and monitor your gameplay and device’s RAM, processes, communications, and file storage for the purposes of detecting violations of, and enforcing, the Code of Conduct in Section 6, including the use of Unauthorized Third-Party Programs. An Unauthorized Third-Party Program is a third-party program or file (such as a "add-on", "mod", "hack", "trainer", or "cheat") that PA believes (i) enables or facilitates cheating of any type; (ii) allows users to modify or hack the game interface, environment, and/or experience in any way not expressly authorized by PA; or (iii) intercepts, "mines", or otherwise collects information from or through the game.
pA may collect relevant information needed for our investigation and enforcement purposes such as your account information, details related to an Unauthorized Third-Party Program, any PA PC Game files that were modified, and times cheating was detected. We also may terminate your License and your pA Account if we determine you have been cheating.
When you exit an online-capable game or application , these anti-cheat technologies will be deactivated.
Third Parties
Some PA Services may give you the option of playing on servers not owned or controlled by PA. PA does not control those services and is not responsible for your use of the PA Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
PA Services may include hyperlinks to third-party websites. Those sites may collect data or solicit personal information from you. PA does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.PA using any royalty free product can’t claim afterwards and pitlox Arts not bound towards any third party claiming royalty afterwards on a initial Royalty free product.
MAKING PURCHASES
If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please review the Company’s privacy policy at www.Pitlox Arts.com/privacy submitting such information.
PA VIRTUAL CURRENCY AND GOODS
We refer to these virtual points, coins or currencies as "PA Virtual Currency". When you obtain PA(Pitlox Arts) Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that PA expressly makes available to you.
You will provide at your own expense the equipment; Internet connection and charges required to access and use PA Services.The Online Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual goods exclusively within applicable software and services provided by the Company. Virtual currency and/or virtual goods may never be used in connection with an agreement with other individuals to wager any money or other thing of value. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with, the EULA, this Agreement and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary.
PA Virtual Currency has no monetary value and has no value outside of our products and services. PA Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the PA Service. PA Virtual Currency is non-refundable, and you are not entitled to a refund for any unused PA Virtual Currency. Once you redeem PA Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in INDIA, you agree to use any PA Virtual Currency within 180 days from the date of purchase.
WARRANTY AND LIABLITY DISCLAIMER
THE COMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTIES ("THIRD-PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS ON ITS WEBSITES. NEITHER THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD-PARTY SITES. THE MATERIALS ON THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you.
VOID WHERE PROHIBITED
Although Company Online Services are accessible worldwide, not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited.
Liability/ RESPONSIBILTY TO THE COMPANY
You are responsible and liable to the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers in respect of all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter that you are responsible and liable for under this paragraph.
LITIGATION ISSUES
This Agreement is entered into in the State of New Delhi and shall be governed by, and construed in accordance with, the laws of the India, exclusive of its choice of law rules. The End User License Agreement contains a binding individual arbitration and class action waiver provision that affects your rights with respect to any ‘Dispute’ between you and the Company, and requires you and the Company to resolve Disputes in binding, individual arbitration, and not in court. You have a right to opt out of the Binding Individual Arbitration section as explained in the EULA.[sm2] Please read it carefully before installing or using any Company software or services. The Binding Individual Arbitration section shall not apply to the extent prohibited by the laws of your country of residence. For any disputes not subject to binding individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state of NEW DELHI , and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without affecting either party’s rights ). This paragraph will be interpreted as broadly as applicable law permits . The Company has the right to prosecute civil claims against you for any violation of its End User License Agreement, the Terms of Service, the Privacy Policy, or any other governing terms and conditions related to its software and services, whether for breach of contract, violation of common law rights, or violation of any applicable state . Any violation by you of such governing terms shall constitute an affirmative defense (whether characterized as arising at law or in equity) against any claim you might assert against the Company in connection with the Online Services.
TERMINATION/SUSPENSION/OTHER SANCTIONs
This Agreement is effective until terminated by you or PA. PA may terminate your access and use of any PA Services or your PA Account if PA determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of PA Services on your PA Account. When practical, PA will notify you of the termination. You may lose your username and persona as a result of an PA Account termination. If you have more than one PA Account, depending on the type of violation or misuse, PA may terminate all of your PA Accounts and all related Entitlements. If your PA Account is terminated, you will not have access to your PA Account or Entitlements and may be barred from accessing or using any PA Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, PA may issue you a warning, suspend or alter your access to a particular PA Service or your PA Account, remove or revoke Entitlements at an PA Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific PA Services. If PA takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement. The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the Company's reasonable control or if you breach any terms and conditions of an agreement or policy governing the Software, including this Agreement, the Privacy Policy and/or the End User License Agreement. Upon termination of your account, your right to use the Online Services will immediately cease.
If you wish to terminate your account, you may simply discontinue using the Online Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
The Company may terminate any of the Online Services for any reason at all by giving at least thirty days’ notice by email or on the website page entitled "Legal Notices" or "Legal Information" (or similar title), or immediately without notice for any reason beyond the Company’s reasonable control.
Data Usage And Privacy
When you use an PA Service, PA may collect and store data from your computer or device, including information about your computer or device, hardware, installed software, and operating system (such as IP Address and device ID), information about your PA Service usage, gameplay and usage statistics, system interactions and peripheral hardware. If you play an PA Service offline, this data will be stored on your device and transmitted to PA when your device connects to the Internet. PA uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically serve content and software support, enforce this Agreement, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, PA also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
10. Other Software, Utilities and Tools
PA Services may require or allow you to download software, software updates or patches, or other utilities and tools from PA or its licensors onto your computer, entertainment system or device. These technologies may be different across platforms, and the performance of PA Services may vary depending on your computer and other equipment. You understand that certain updates to these technologies may be required in order to continue use of an PA Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to PA automatically installing any available updates for PA Services. Failure to install available updates may render PA Services, including PA PC Games, unplayable.
GENERAL TERMS ,RULES AND REGULATIONS
This Agreement, together with any other PA terms that govern your use of PA Services, constitutes the entire agreement between you and PA. The Agreement may not be amended or modified unless made in writing and signed by PA. The failure of PA to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement, along with the Privacy Policy located at www.Pitlox Arts.com/privacy and the EULA, constitutes the entire agreement between you and the Company pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between you and the Company with respect to the subject matter of this Agreement are expressly cancelled.
No failure or delay by the Company to enforce any rights or powers under this Agreement may be deemed a waiver of those or any other rights or powers of the Company.
The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on the website page entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
Changes to this Agreement
PA may modify this Agreement from time to time, so please review it frequently. For PA players who accepted a previous version of this Agreement, the revisions will become effective 30 days after posting our official website. Your continued use of PA Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the PA Service provided.
Dispute Resolutions by Binding Arbitration
THIS SECTION APPLIES TO ALL CONSUMERS,CUSTOMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF ALIEN ENEMY COUNTRY BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND PA EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section ______ offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the PA customer support interface with your Account. If PA cannot resolve your concern, you and PA agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section ___ is an agreement between you and PA, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Arbitration Act governs the interpretation and enforcement of this Section ______ and any arbitration carried out under this Section. This Section ___shall be interpreted broadly and shall survive termination of this Agreement.
Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any PA Service and its marketing, or the relationship between you and PA, including the validity, enforceability, and scope of this Section _____ ("Disputes"), shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this are claims (i) regarding the infringement, protection or validity of your, PA's or PA's licensors' trade secrets, copyright, trademark or patent rights; (ii) brought in small claims court.
Informal Negotiations
You and PA shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of Dispute must:
(a) include the full name and contact information of the complaining party;
(b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. PA will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Pitlox Arts Inc., 312A,Tower 1 Assotech Business Cresterra ,Sector 135 Noida City Uttar Pradesh, Pincode 201301, India, ATTENTION: Legal Department.
Binding Arbitration
If you and PA cannot resolve a Dispute informally, you or PA may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered accordingly by the Indian Arbitration Act and laws with the following modifications:
Arbitration fees and costs shall be governed by the Indian Arbitration Laws. If such costs are determined by the arbitrator to be excessive, or if you send PA a notice to the Notice of Dispute address above indicating that you are unable to pay the administrative fees required to initiate an arbitration, PA will pay upto a reasonable extent the administrative fees.
If the Dispute does not exceed $25,000, the arbitration will be conducted solely on the basis of written submissions.
The parties may bring any dispositive motion or motions during the course of the proceedings.
The arbitrator shall make a decision in writing, which will include the findings and conclusions on which the decision is based. The arbitrator has the authority to issue any relief allowed by applicable law, but may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and PA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Limitations
YOU AND PA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. If this paragraph is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Jurisdiction
If you live in India or any other country(except countries in which we are not operational ), arbitration will take place in the India, and you and PA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Recovery
If the arbitrator rules in your favor on the merits of any claim you bring against PA and issues you an award that is greater in monetary value than PA's last written settlement offer made before PA makes its final written submissions to the arbitrator, then PA will:
Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award;[sm3] and Reimburse the arbitration fees that you paid .
Modification to this Arbitration Agreement
PA will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.
Severability
If any clause within this Section _____ (other than the Class Action Waiver clause set forth in paragraph above) is found to be unenforceable, that clause will be severed from this Section ____ and the remainder of this Section ______ will remain in full force and effect.
DESIGNATED AGENT UNDER THE COPYRIGHT ACT 1957
The copyright Act 1957, provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the copyright Act 1957, a claim must be sent to the service provider’s designated agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement involving any Online Service, please notify the Company’s designated agent:
Service Provider: Pitlox Arts
Address of Designated Agent:
312 A Tower 1 Assotech Business Cresterra, Sector 135 Noida
Telephone Number of Designated Agent: +91-9310997403
Email Address of Designated Agent: Support@PitloxArts.Com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the Copyright Act 1957.
To meet the notice requirements under the Act, the notification must be a written communication that includes the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PA INFRINGEMENT POLICY FOR HABITUAL OFFENDER
In accordance with the Indian Copyright Act 1957 and other Relevant applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, registered accounts deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Online Services and/or terminate the account of anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
if user want permission of any service which is not included in agreement can contact
End User License Agreement
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